Demystifying an ERISA Disability Insurance Claim: A Timeline for a Misunderstood Employee Benefit

Posted in: Disability Insurance, Disability Insurance News, ERISA, Insurance Litigation Blog, Insurance Questions and Concepts, Policy Interpretation, Statute of Limitations January 13, 2017

The McKennon Law Group PC periodically publishes articles on its California Insurance Litigation Blog that deal with frequently asked questions in the insurance bad faith, life insurance, long term disability insurance, annuities, accidental death insurance, ERISA and other areas of

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Robert McKennon and Scott Calvert Publish Article in the Los Angeles Daily Journal: “New Regulations Will Benefit Claimants in Disability Insurance Cases”

Posted in: Department of Labor/Regulations, Disability Insurance, Disability Insurance News, ERISA, Insurance Litigation Blog, Legal Articles, News Blog January 12, 2017

In the January 12, 2017 edition of the Los Angeles Daily Journal, Robert McKennon and Scott Calvert of the McKennon Law Group PC published an article summarizing the new U.S. Department of Labor disability insurance claims regulations aimed at reducing …

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Major Differences in California Long-Term Disability and Individual Disability Insurance Plans

Posted in: Disability Insurance, Disability Insurance News, Employment Liability Insurance, Insurance Litigation Blog December 20, 2016

Summary: A Los Angeles long-term disability insurance lawyer discusses the differences between long-term disability insurance (typically governed by ERISA) and individual disability insurance plans in California.  Contact McKennon Law Group  PC today if your long-term or individual disability insurance claim …

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Ninth Circuit Creates Bright-Line Rule in ERISA Disability Cases: the Inability to Sit for More Than Four Hours Precludes Work in a Sedentary Occupation

Posted in: Disability Insurance, Disability Insurance News, ERISA, Insurance Litigation Blog November 17, 2016

It is very common for an insurance company to deny a claim for long-term disability insurance governed by ERISA after concluding that a claimant can perform the duties of a sedentary occupation.  The U.S. Department of Labor’s Dictionary of Occupational …

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Robert McKennon and Scott Calvert Publish Article: Insurers turn to Drones

Posted in: Disability Insurance, ERISA, Insurance Litigation Blog, Legal Articles, News Blog, Property & Casualty Insurance October 19, 2016

In the October 18, 2016 edition of the Los Angeles Daily Journal, Robert McKennon and Scott Calvert of the McKennon Law Group published an article regarding the use of drones by insurance companies in their insurance claims investigations.  In the …

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Insurers Cannot Ignore Actual Job Requirements or Worsening Symptoms That Occur After a Claim for Disability Insurance Benefits is Filed

Posted in: Disability Insurance, Disability Insurance News, Insurance Litigation Blog October 18, 2016

There are many tactics that insurance companies use to downplay, or even ignore, the severity of an insured’s illness or injury in an attempt to deny a claim for long-term disability insurance benefits.  For example, insurance companies will often attempt …

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Federal Court Criticizes Long-Term Disability Insurer for “Paper Reviews” and Dismissing SSA Award

Posted in: Case Updates, Disability Insurance, Disability Insurance News, ERISA, Insurance Litigation Blog October 07, 2016

Were you denied benefits by your group long-term disability insurer without the insurance company’s doctor examining you in-person?  Did your insurer deny your claim even though the Social Security Administration concluded you are disabled?  If so, the McKennon Law Group …

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Ninth Circuit Affirms Rule that Ambiguous Policy Terms Must Be Construed Against Insurer in ERISA Disability Insurance Cases

Posted in: Case Updates, Disability Insurance, ERISA, Insurance Litigation Blog, Policy Interpretation July 06, 2016

The “reasonable expectations of the insured” doctrine has been around for decades in California.  The state Supreme Court started toying with rules that became its foundation after the turn of the century.  See Pac. Heating & Ventilating Co. v. Williamsburgh

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Mistreated by Your Insurer? Insurers May Not Be Able to Hide Behind ERISA Preemption to Defeat Claims for Intentional Infliction of Emotional Distress

Posted in: Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, Health Insurance, Insurance Litigation Blog, Life Insurance, News, Preemption November 30, 2015

Insureds obligingly pay premiums on their life, health and disability insurance policies and dutifully provide updated information upon request by their insurers, but often do not enjoy the same courtesy when they file an insurance claim.  In extreme cases, antagonistic …

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ERISA Will Not Pre-Empt State Law Claims Under an Individual Conversion Policy

Posted in: Bad Faith, Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, Insurance Litigation Blog September 03, 2015

In an important victory for claimants, a United States District Court recently determined that a plaintiff who obtained an individual disability insurance policy through a conversion provision in an ERISA plan can pursue remedies in a state court under the …

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